中国食品法规介绍.ppt

The Chinese food hygiene regulations and standards in contrast to international relevant codes,The Chinese food hygiene regulations and standards in contrast to international relevant codes,I.Brief introduction of Chinese Food hygiene law systemII.The contrast between Chinese food law and relevant international lawIII.The Survey of Chinese food hygiene normIV.The contrast between Chinese food hygiene norm and international standards,I.Brief introduction of Chinese Food hygiene law systemMain Models of Food Law,Food Law：For example,some European countriesFood,Drug and Cosmetic Act：For example,U.S.AFood Hygiene(Sanitary)Law：For example,Japan and China,Food Hygiene Law of PRC,Chinese Food Hygiene Law(On trial):Passed in the 25th conference of the 5th standing committee of the national peoples congress in Nov.19th,1982.Chinese Food Hygiene Law:Passed in the 16th conference of the 8th national congress in Oct.30,1995,and announced as No.59 Chairman Order,and implemented since the date of announcement.,Framework of CFHL57 entries of 9 chapters,Chapter One General ProvisionsChapter Two Food HygieneChapter Three The Hygiene of Food AdditiveChapter Four The Hygiene of food container,package material,and tools and equipment of food.Chapter Five The formulation of food hygiene standards and management Chapter Six The management of food hygieneChapter Seven The supervision of food hygieneChapter Eight Legal responsibilityChapter Nine Amendments,CFHLMain legal prescriptions(1),Legal purpose:to prevent the food pollution and guarantee human health Ensure the supervision system of national food hygiene:the central and regional health executive departments shoulder the responsibility of supervisionSuitable range:food,food additive,food container,package material,tools,equipment,detergent,disinfectant of food,production and operation place,facilities,and relevant environment of foodBasic hygiene requirement for food,food additive,food container,package material,tools,equipment,detergent,disinfectant of food,CFHLMain legal prescriptions(2),Explicit the hygiene requirements of food production and operation:procedure,place,and personnelExplicit the products which are forbidden to produce and sellThe relevant hygiene evaluation and safety evaluation system Ensure the products which approval is a must before going to market:health protection food,new resource food,new varieties of additive,new varieties of food container,package material,tool made from new materialTo authorize the health executive departments of the State Council to formulate health standards,management and inspection rules,CFHLMain legal prescriptions(3),To raise basic requirements for food package and description The approval rules of production and operation,and inspection rulesThe rules and requirements of import&export supervision and inspectionTo establish the food supervision,examination and inspection rules The investigation,treatment,and report rules of poisoning and pollution incidentLegal responsibility and others,Food Hygiene Regulation,Food hygiene supervision and executive punishment,Food and food resource,Food manufacture and sale,Food container,package material,tools and equipment,Food hygiene examination,Food Hygiene Law,Food hygiene regulation system in China,Examples of regulations for foods and raw materials,Food additive hygiene management measuresNew resource food hygiene management measuresTrans-gene Food hygiene management measuresHealth protection food management measuresThe management measures of forbidding food with medicine additiveThe management measures of irradiation food hygieneThe management measures of milk and milk products The management measures of egg and egg productsThe management measures of aquatic products hygiene,The management measures of condiment hygieneThe management measures of sugar hygieneThe management measures of alcohol hygieneThe management measures of grain hygieneThe management measures of edible vegetable oil hygieneThe management measures of tea hygieneThe management measures of edible mushroom hygieneThe management measures of the sale of breast milk substituteThe management measures of meat and meat products hygiene,Regulations on food processing and handling,The management measures of sterilization The management measures of the hygiene of food industryThe management measures of the hygiene of street foodThe supervision measures of students food hygieneThe management measures of preventive health examinationThe training measures of the hygiene knowledge of food producers and sellers,Regulations on containers,etc.,The hygiene management measures of plastic products and resource for foodThe hygiene management measures of food package paperThe hygiene management measures of rubber products for foodThe hygiene management measures of aluminum eating utensils and containers The hygiene management measures of porcelain eating utensils and containersThe hygiene management measures of the inside paint of the food containersThe hygiene management measures of the inside paint of food containersThe hygiene management measures of the inside paint of food cans,Regulations on inspections and administrative panalties,Hygiene executive punishment procedure Food hygiene supervision procedureFood hygiene executive punishment measuresTreatment measures of the accident of food intoxication The management measures of hygiene supervisorThe principles of food hygiene supervisorThe management measures of hygiene supervision auditionThe management measures of food advertisement,Regulations on laboratory and testing,The hygiene management measures of food hygiene inspection unitDetails of management implementation of medical animal the structure rules of health relevant products of the Ministry of HealthThe authentication and management measures of health relevant products of the Ministry of Health The organization authentication and management norm of health relevant products The authentication and management measures of health food function inspection organization,Comparison of CFHL with relevant foreign laws,Views of international food safety legislation improvement FAO/WHO Model Food LawOther national food legislation,General views to improve food safety legislation,Emphasize law based on science:the application of dangerous nature analysis theory Emphasize the overall procedure of management from farm to tableEmphasize the responsibility of food producers and sellers to guarantee the food safety:enterprises launches HACCP,reinforce self-management measures,for example,voluntary products recall The government reduce the over-detailed deregulationEmphasize coordination,FAO/WHOModel Food Law,FAO/WHO jointly organize and formulateRevised after the discussion of countries in Africa and AsiaThe reference for various countries to formulate food lawModel Law also emphasize that the function division between the supervision department and central and regional government should be based on the specific situation of our country,FAO/WHOModel Food Law,I Brief Rule 1.The legal abbreviation and preface2.Explanation of phraseology II General Rule3.Selling poisonous and adulterate food is forbidden4.fraud5.The norm of food6.The selling of unqualified food is forbidden7.To sell and manufacture food in the unhealthy condition,FAO/WHOModel Food Law,III Importation and guarantee 8.Importation9.Guarantee10.ArgumentationIV relevant regulations of food norm,safety and other issues11.RegulationsV management and law fulfillment12.Food standards commission13.To authorize officials 14.The official laboratory authorized the entitlement and responsibility to officials,FAO/WHOModel Food Law,15.Other authorized officials 16.The right of Minister to acquire the reliable food ingredients VI Legal Procedure17.The law court has the right to order to withdraw the certificate and to treat the properties 18.Litigation 19.Punishment20.Analysis and inference certificate 21.Other legal assistancePass date:,Comparison:similar legal prescriptions,The legislation purpose is basically consistent The definition of food is consistent:end products and resourcesRules including additive,pollutant,container,package,utensil,equipment hygieneSafety evaluation principles are includedRules including the production procedure control and finished productsSupervision system,controlling system and legal responsibility are prescribedConclusion:Chinese food hygiene law is basically a modern food law,Comparison:differences,CFHL does not include the norms to plantation and cultivation industry CFHL has the control to adulteration limited to that has the effects to nutrition and hygiene CFHL prescribes that law enforcement department has the right to adopt executive controlling measures,as well as that it is entitle to carry out various executive punishment;The foreign law always authorize the law enforce department the executive controlling right,the right of punishment is ascribed to the law court.The rules of different countries to health food varies:China,Japan,Korea,U.S.A,三、中国食品卫生标准概况 A briefing to food hygiene standards in China CFHL规定,CFHL Rule 14:The national hygiene standards,hygiene management measures and inspection rules of food,food additive,food containers,package material,food utensil,equipment,detergent and disinfectant to leaning food and food utensils,and pollutant in food,the permissive quantity of radioactive substance should be formulated and approved by the health executive department of the State Council.CFHL Rule 15:For food without national health standard,the provincial government should formulate regional standards,and then report to the executive department of Ministry of Health and the State Council to put on file.CFHL Rule 16:If there is hygienic index,the safety evaluation of agricultural fertilizer in food additive standards,it should be approved by the Ministry of Health.The inspection procedure of animal slaughter should be formulated by relevant executive departments and the Ministry of Health.CFHL Rule 21:label;CFHL Rule 22:Health protection food,Categories of food hygiene standards,1 The hygiene standards of products(Including food resource and end products)：According to the categories of food hygiene,there are 21 categories of food hygiene standards.Including:(1)Grain and its products;(2)Edible grease.(21)health protection food2 The hygiene standards of food additive3 The hygiene standards of nutrition fortified extract4 Food container and package material5 The hygiene standards of maximum remains of pesticide in food 6 The hygiene standards of the limit of bacterial mould in food 7 The hygiene standards of the limit of environmental pollutant in food 8 The standards of the limit of hormone and antibiotic in food9 The production health norm of the food enterprise,Categories of food hygiene standards,10 The standards of food label11 The hygiene standards of radiant food12 The inspection measures of food hygiene(1)The microorganism inspection measures for food hygiene(2)The physical inspection measures of food hygiene(3)The procedure and measures of the evaluation food hygiene(4)The nutrition inspection measures of food hygiene13 The diagnose standards of food intoxicated 14 others,including the hygiene standards of eating utensil cleaning,detergent and disinfectant.,Hygiene standards of Various food(475),Food and the hygiene standards of food resource(112)The hygiene standards of food additive(1)The hygiene standards of food nutrition fortifier(1)Food pollutant(21)Pesticide remains(34)Package material(39),（21）The hygiene norm of food production enterprises(21),（19）The diagnose standards of food intoxicated,(227)The inspection measure of food hygiene(227),431 varieties of food additive and 1040 varieties of spices approved by the Ministry of Health,Content of food hygiene standards,1 The relevant technology requirement(1)The index seriously jeopardizing health:lead,lethal bacteria,intoxication.(2)The indirect index which reflects a certain dangers to health:colony of bacteria,colon bacillus.(3)The index reflecting the deterioration of food hygiene situation or the effects to the deterioration of hygiene situation,for example,acid value,volatility salt nitrogen,water,and salt.2 The quality index of food nutrition(1)The variety and value of nutrition(2)The content and matching ratio of nutrition3 The function index of health protection The food element and content of the special biological function,Procedures to formulate food hygiene standards,1To raise the advise of standards formulation(any unit and person)2 list in the schedule3 The research team(coordination team)make the draft4 standard draft5 The label committee(food hygiene,additive)to review6 To consult many areas(Central and regional government,enterprises circle,associations,NGOs,Internet)7 Review,approval and announcement,Factors considered in formulating standards,To considerate the feasibility of standards on the basis of the research result of investigationCurrent danger evaluation result or new danger evaluationRefer to the international food law codes and relevant standards of other countriesQuote and refer the industrial standards to formulate the national standards,Comparison of Chinese standards with Codex,Codex Standard by CACThe difference between the food health standards of our country and CAC The evaluation and revision of food hygiene standards of our country,Codex,Codex refers to the food standards,criterion and suggestion formulated by CAC(Codex Alimentarius Commission,即CAC)In 1962,it was decided to establish,and to be responsible for the joint food standards schedule of FAO/WHOThe nature of CAC:Inter-government organization with 167 member countriesObserver:related to international organization and food industry,trade,science and consumer organization delegatesObjective:to protect the health of consumers;to ensure fair food trade;and to coordinate to formulate international food codes,Codex Secretariat,Committees of CAC,Committee of ordinary principle France Committee of Food label CanadaCommittee of analysis and sampling Hungary Committee of food hygiene U.S.ACommittee of Pesticide remains HollandCommittee of food additive and pollutant HollandCommittee of import&export examination and certificate issue system AustraliaCommittee of nutrition and special food German Committee of animal remains in food U.S.A,Commodity committee and special team,Committee of oil BritainCommittee of fish and fish products Norwaycommittee of milk and milk products New ZealandCommittee of fresh fruits and vegetable Mexico Committee of Coco products and chocolate SwissCommittee of manufactured fruits and vegetable U.S.ACommittee of meat hygiene New ZealandCommittee of sugar BritainCommittee of grain and bean U.S.ACommittee of plant protein CanadaCommittee of natural mineral waterSpecial team of fruit juice Brazil Special team of animal breeding DenmarkSpecial team of biological technology food,Regional